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Intentional Torts
Three Elements |
Act, intent, causation |
Intent |
Purpose of causing consequence or knows consequence is substantially certain |
Transferred intent |
Different tort against same person; same tort against different person; different tort against different person |
battery |
intentional contact with the person of another |
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unconsented/ unprivileged |
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harmful or offensive- intent to harm or offend |
assault |
intent to harm/ offend through fear |
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apprehension of imminent battery |
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reasonable apprehension or fear results (mere words not sufficient) |
false imprisonment |
words or acts intended to confine within a fixed space |
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actual confinement |
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awareness of confinement or harm |
trespass to land |
intent to enter |
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actual entrance |
conversion |
intent to exercise substantial dominion |
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exercising dominion |
trespass to chattels |
intent to interfere with chattel |
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actual interference with use or enjoyment |
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harm results |
Intentional Infliction of Emotional Distress |
Defenses to intentional torts
self defense |
affirmative defense for a real threat |
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words do not allow self defense |
defense of property |
cannot use excessive force |
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human life > property |
consent |
look at situation |
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no need to articulate consent |
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consent negates intent |
necessity |
apparent necessity |
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purpose (balancing test) |
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no other option |
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Negligence
Duty |
reasonable standard of care |
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exception for physical but not mental disability |
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negligence per se (satisfies duty and breach) |
Breach of Duty |
Assessing foreseeable risks and costs |
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Assessing reasonable care |
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risk utility analysis |
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Evaluating conduct/ custom |
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Res Ipsa |
Actual Damages |
medical expenses |
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lost earnings |
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future earnings |
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pain and suffering |
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punitive |
Actual cause |
but-for test |
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cause contribute to the accident |
Proximate cause |
Scope of the risk |
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Is the type of injury within the risk |
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is type of risk foreseeable ? |
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substantial factor |
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direct connection |
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remoteness in time and space |
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**Intervening persons or forces |
Defenses to negligence
Contributory negligence |
completely bars recovery |
Comparative fault |
Jury determines how negligent |
Interest of Public Policy |
Duty to Protect |
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Knowledge of Situation and P vulnerability |
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Creates risk to self |
Assumption of the risk |
express or contractual |
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implied assumption of the risk |
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primary assumption of the risk |
Special Duty- Landowner
what's their status |
trespasser |
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invitee |
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licensee |
conditions v. activities |
no need to warn of natural condition |
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do need to warn of unexpected conditions |
trespassing child |
attractive nuisance |
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dangerous instrumentality |
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open and obvious |
Nonfeasace
No duty to act |
unless you create harm |
Duty to protect from third party
defendant relationship with plaintiff |
special relationship? |
duty of landowner/ common carrier |
specific harm |
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prior similar incidents |
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totality of circumstances |
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balancing test |
Defendant relationship with dangerous third party |
special relationship? |
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directly and foreseeably exposed |
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therapist duty to warn of impending danger |
Emotional Harm
Negligent Infliction of Emotional Distress |
zone of danger |
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direct victim v. bystander |
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harm resulting from injury to another |
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